Sheriff decides against confiscating Forfar pub landlady's car for second drink-driving conviction
A pub landlady's car will not be confiscated, despite a second conviction of drink-driving in three years.
- Published in the Courier : 03.02.12
- Published online : 03.02.12 @ 10.42am
Karen Kennedy (37), of Callander's Cottages, Gowanbank, Forfar, previously admitted driving or attempting to drive in Osnaburg Street and Gowanbank on January 26 with excess alcohol (72 mics).
Sentence had been deferred until Thursday for a hearing on a Crown motion for forfeiture of Kennedy's vehicle, and interim disqualification was imposed.
Fiscal depute Arlene Shaw said there was ''some case law on the subject but the vehicle is at the Crown's discretion.''
Sheriff Kevin Veal said the fact the accused had been breathalysed at just over twice the legal limit and had a previous drink-driving conviction gave him extra concern.
Forfar Sheriff Court heard Kennedy's vehicle is a two-year-old Renault Megane. It was seen being driven away from her Osnaburg Street premises at 2.10am on January 26.
Ms Shaw told the court a parked vehicle was damaged as the Megane was reversed into it twice. Kennedy's vehicle had not been formally valued.
Defence agent Brian Bell told the court he had reason to believe there was no damage caused to either vehicle, and that Kennedy had been seen leaving her premises after a witness had heard a noise.
Mr Bell had looked into precedents for forfeiture, citing the Road Traffic Offenders Act (1988), in which the law states it is at the court's discretion to claim a vehicle.
However, there was only one case found and it did not go into any great detail.
Previous legislation under the Criminal Procedures Scotland Act (1975) was said to allow forfeiture only in exceptional circumstances.
Mr Bell said this was not the case for Kennedy's offence, adding: ''The alcohol level certainly isn't the highest your lordship will have seen. It is much lower than in some other offences of this type.''
Sheriff Veal asked whether Kennedy had sat any drink-drive course after her previous offence, at which Mr Bell said she could not get the time off work.
The sheriff said he was not satisfied the offence merited the exceptional circumstance beyond a regular offence, and so the vehicle would remain in Kennedy's possession.
He said: ''The reading is certainly not nearly as high as you or I (to Mr Bell) have seen over the years.''
Kennedy was fined £600 and was disqualified from driving for three years.
